Category Archives: Legal Malpractice Insurance

Have You Reviewed Your Legal Malpractice Policy Limits Lately?

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When was the last time you reviewed the policy limits on your legal malpractice insurance?

For many attorneys and law firms in Pennsylvania and Ohio, the answer is: “It’s been a while.” 

And for some, it’s even worse — they’ve never increased their limits since first purchasing their policy.

We get it. When you first bought coverage, it felt like checking a box. 

You picked a limit — maybe the standard $100,000 per claim / $300,000 aggregate — and haven’t thought much about it since. Unless a client insisted on a higher limit, there may have been no urgency to adjust anything.

But that mindset can put your entire practice at risk.

Why It’s Time to Rethink Your Firm’s Insurance Limits

As I like to say:

“Trying to raise your limits after a claim is like trying to buy homeowner’s insurance when your house is already on fire.”

Let that sink in.

Here are a few things that have likely changed since you last looked at your policy:

  • The cost of living has risen significantly — including in Pittsburgh, Harrisburg, Cleveland, and Columbus.
  • Real estate prices, car prices, and even eggs have all gone up.
  • Your cost of doing business — from staff wages to office rent — has increased.
  • And your legal fees have likely risen, too.

So, if every financial metric around you has grown, why haven’t your malpractice limits?

Low Limits For Your Legal Malpractice Insurance Can Cost You Big Time

The most commonly offered “starter” policy is $100,000 / $300,000. And while that might sound like a lot, it doesn’t go far when:

  • Defense attorneys start billing (what would you be charging?)
  • Expert witnesses are brought in
  • A claim needs to be settled before trial

Even a small-to-midsize claim can eat through six figures fast — leaving you on the hook for the rest.

At that point, you’re not just protecting your firm — you’re protecting your personal assets, too.

How to Determine the Right Coverage For Your Law Firm

If you’re unsure what limits make sense, here are a few questions to ask:

  • How many active clients does your firm currently serve?
  • What is the average value of the cases you handle?
  • How many attorneys are in your firm?
  • What is the current cost of living index in your area?

These factors should all influence your decision. 

A solo attorney in Erie, PA handling traffic tickets may have different needs than a five-attorney firm in Cincinnati managing complex civil litigation — but both should at least evaluate whether their limits are keeping pace.

Don’t Say “No” Without Knowing the Cost

One of the most common objections we hear is:

“I’d love to increase my coverage — but it probably costs too much.”

But many firms say that before even getting a quote.

In reality, increasing your limits might not cost as much as you think. 

And the peace of mind it offers — especially if you’re planning for retirement or growing your practice — is well worth the investment.

Legal Malpractice Insurance in Pennsylvania and Ohio: Get a Review

If you’re a law firm based in PA or OH, now is a great time to schedule a malpractice policy review with us. Whether you’re in Philadelphia or Dayton, Erie or Akron — your firm deserves coverage that reflects today’s legal environment.

You wouldn’t go five years without adjusting your rates or reviewing client contracts — don’t let your insurance stay stuck in the past.

Final Thought

Before you say no to increasing your limits, ask:

  • When was the last time I adjusted my coverage?
  • What would a real claim cost me today?
  • Am I protecting my future — or playing defense?

Want to dive deeper?

Grab a free copy of my book, Game Over? Not Today!, which covers risk exposure, cyber liability, and real-world scenarios that law firms face every day: https://bit.ly/INF-Game-Over-Not-Today

Unique Follow Through

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Every golfer has a unique follow-through. Whether it’s long and graceful or short and awkward, it’s the finishing move that gets the ball where it needs to go. Without a proper follow-through, even the best swing won’t deliver the result you’re aiming for. The same is true when it comes to insurance protection for your law office.

Most attorneys start the swing—they carry legal malpractice insurance. But too many stop short. They don’t follow through by protecting themselves against cyber liability. And that’s where the shot falls short.

The Risk of Not Following Through

I hear it all the time:

“I’ve been meaning to look into cyber insurance…”
“We’re a small office—nobody’s going to hack us.”
“We don’t have any information that hackers want.”

Wrong. Those are all excuses—and dangerous ones. Hackers aren’t just targeting the big fish. In fact, they have a name for small firms that lack sophisticated cyber defenses:
“Low-hanging fruit.”

Law firms, even solo practices, store exactly the kind of data hackers crave—names, addresses, Social Security numbers, banking info, legal documents, and confidential case files. That’s gold to a cybercriminal. And without the security infrastructure of a Fortune 500 company, you’re an easy target.

What About My Malpractice Policy?

Another common myth I hear is this:

“My legal malpractice policy already covers cyber claims.”

Not quite.

Your legal malpractice policy might include a small amount of ancillary cyber coverage—but not nearly enough to protect you if a serious breach occurs. Cyber incidents can trigger lawsuits, regulatory fines, business interruption, ransom demands, and reputational damage. You need a dedicated cyber liability policy to handle those risks.

Protect Your Clients. Protect Your Practice.

Your legal malpractice policy is your swing.
Cyber insurance is your follow-through.

If you want your protection to actually reach its target—your clients, your firm, your future—you have to complete the motion.

There are no mulligans in the world of cyber claims. Once you’re hit, the damage is done—and without the right coverage, it could be devastating.

So, take the next step. Don’t stub the shot. Follow through and secure cyber liability coverage for your law office.

It just makes sense -> https://integrityfirstins.biz/Home/CyberIndication

Do You Have the Right Number of Clubs in Your Bag?

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There’s a reason why golfers are allowed to carry 14 clubs in their bag—because no single club can handle every shot on the course. Different situations call for different tools, and smart golfers prepare for anything that might come their way.

The same logic applies to legal malpractice insurance. Just like a full golf bag, your malpractice policy should be equipped with a range of coverages—each designed to help you handle the many different “shots” you’ll face in your law practice.

Here are the 14 “clubs” I believe every law firm should have in their insurance bag:

1. Prior Acts Coverage

Make sure your policy covers work you’ve done before the current policy period.

2. Career Prior Acts Coverage

Even better, find a policy that offers coverage for the entire span of your legal career.

3. Sufficient Policy Limits

Don’t come up short. Ensure your limits are high enough to handle a serious claim.

4. A Deductible That Matches Your Firm Size

Balance affordability with risk—your deductible should reflect your firm’s resources.

5. Coverage for Disciplinary Matters

Ethics complaints happen. You’ll want protection if your license is ever at risk.

6. Extended Reporting (Tail) Coverage

If you retire or switch carriers, make sure you can still report claims from past work.

7. Free Retirement Tail

Look for policies that offer a complimentary tail when you permanently retire.

8. A Broad Definition of “Insured”

Make sure your policy clearly includes all attorneys, staff, and affiliated roles.

9. Coverage for Of Counsel and Independent Contractors

These contributors need protection too—confirm they’re covered under your policy.

10. A Less Restrictive Consent-to-Settle Clause

Avoid a true “hammer clause” that forces your hand in claim settlements.

11. Easy Reporting Methods

Claims should be reportable via mail, email, phone, or even fax—without hassle.

12. Local Defense Counsel

If you’re in Pennsylvania, make sure Pennsylvania lawyers will defend you.

13. A Malpractice Helpline or Hotline

Quick access to guidance can help you avoid missteps before they become claims.

14. An Efficient Renewal Process

Renewals shouldn’t be a burden. Find a carrier that makes it easy and smooth.

Just like golf, preparation matters. But unlike golf, you don’t have to stop at 14 clubs. Your malpractice coverage should be tailored to your specific needs, not limited by an arbitrary number.

So, before you tee off or sign your next policy renewal—check your bag. Make sure you have everything you need to play a strong legal defense game.

Who’s Your Legal Caddie? 

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I had the opportunity to attend the RBC Heritage and watch some of the world’s best golfers up close. As impressive as the athletes were, I found myself equally captivated by their caddies.

These pros weren’t just carrying clubs—they were walking the course, mapping out every bunker and green, noting pin placements, and essentially acting as strategists for every single swing. They knew the course like the back of their hand and had prepared for every possible scenario. It got me thinking…

Who’s the caddie in your law practice?

As attorneys, you juggle a lot—client meetings, court appearances, case research, filing deadlines, and firm management. But like the pros on the PGA Tour, even the most talented lawyers can’t win alone. Success isn’t just about doing it all yourself—it’s about knowing who’s walking beside you.

Think about it:

  • Who’s helping you read the green? In other words, who’s helping you navigate the unpredictable twists and turns of your cases?
  • Who’s helping you avoid the sand traps? Are you keeping up with the latest case law and compliance updates to steer clear of costly missteps?
  • Who’s helping you prep the course? Is your team proactively setting you up for success—whether it’s paralegals, support staff, your marketing agency, or trusted advisors?

It’s tempting to want to be the player, the coach, and the caddie all at once. But that’s a tough (and exhausting) game to win. Just like the pros, you need someone in your corner helping you make the right calls, spot the risks, and keep your eye on the pin.

So I’ll ask again: Who’s your caddie?

Whether it’s someone managing your operations, reviewing insurance and compliance, or supporting your client intake and marketing, having the right help is what turns good attorneys into great ones.

Why Lawyers Need to Plan for Retirement Tail Coverage

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Today I want to share something important: tail coverage. No, not the wagging kind—but retirement tail coverage for lawyers.

Retirement is supposed to be a time to relax and enjoy the rewards of your hard work. But for lawyers, retirement can come with lingering risks. Even after stepping away from the profession, retired attorneys can still be sued for legal malpractice—sometimes even 2, 3, or 5 years after retirement.

What Is Retirement Tail Coverage?

Retirement tail coverage, also known as an extended reporting period endorsement, is a provision in your professional liability insurance that protects you from malpractice claims made after you retire. The good news? If you have an active policy, most insurance providers will offer a free retirement tail—provided you meet their qualifications.

Do You Qualify for Free Retirement Tail Coverage?

Here’s where planning ahead becomes crucial. Most insurance policies require that you:

  • Have continuous coverage with the same provider for at least three consecutive years before retirement.
  • Officially retire from practicing law.

If you meet these requirements, your insurer may grant you a free retirement tail. But if you don’t qualify, purchasing tail coverage can be expensive—typically 250% to 300% of your last premium. For example, if your final premium was $2,000, you could pay $6,000 or more for retirement tail coverage.

What Should You Do Next?

If retirement is on your horizon—whether in the next few years or further down the road—make sure you check your policy at least three years in advance. Talk to your broker, review your coverage, and ensure you qualify for free tail coverage.

Need help navigating your options? Call me at 412-563-2106! I’d be happy to review your policy and make sure you’re set for a stress-free retirement.

Remember, planning ahead means you can truly enjoy your retirement—without constantly chasing your tail. 😉🐶

How an Arctic Blast of Unexpected Legal Claims Could Freeze Your Law Firm—And How to Protect It

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Wow, is it cold outside! This Arctic freeze has really taken us by surprise, freezing everything in its path. Hopefully, you’ve been able to take some precautions, like dressing warmly and leaving a drip running from your faucet to prevent frozen pipes. But as I stand here thinking about how the weather can catch us off guard, I realized that something else can freeze your law practice just as suddenly—unexpected legal malpractice claims.

Just like bad weather, legal malpractice claims can come out of nowhere. However, there are steps you can take to protect your firm and avoid getting caught in a legal storm. Here are a few essential strategies that will help prevent your law firm from freezing under the pressure of a malpractice claim:

1. Implement a Dual Calendar System

Much like the need to bundle up when temperatures drop, having a dual calendar system in place will help you stay organized and ensure that nothing slips through the cracks. This system helps you manage deadlines and appointments more efficiently. Using a computerized calendar makes this process even easier, allowing you to keep track of all your important dates at a glance and avoid potential scheduling conflicts.

2. Use a Conflict of Interest System

Just as you would avoid stepping out into a blizzard unprepared, avoid taking on cases with potential conflicts of interest. Establishing a robust conflict of interest system ensures that your firm is not inadvertently engaging in cases that could result in a legal malpractice claim down the line. Regularly reviewing and updating your system will help ensure you are always ahead of the game.

3. Keep Clients Informed with Engagement and Disengagement Letters

Clear communication is key, especially when dealing with clients. Much like you’d keep an eye on the forecast during an Arctic blast, you need to keep your clients informed about what’s going on with their case. Use engagement letters at the start of a relationship to clarify expectations and disengagement letters when ending a case to officially document the conclusion of your involvement. This helps prevent misunderstandings and ensures that your firm is protected.

4. Maintain Constant Contact with Clients

Speaking of communication, regular updates with your clients are crucial. Let them know exactly what you’re working on and where things stand with their case. This will help minimize any surprises and reduce the chances that your clients will feel frustrated or abandoned. If they understand what’s happening, they’re less likely to feel the need to take legal action.

5. Stay Prepared—Like You Would for Bad Weather

Just as you prepare for cold weather by having the right gear and precautions in place, you should stay vigilant about protecting your practice from potential legal malpractice claims. By implementing these systems, staying organized, and communicating effectively with your clients, you’ll be far less likely to find your law firm caught off guard by a claim.

Stay warm, stay safe, and remember: I’m Don, your insurance guy. If you need help protecting your practice from potential risks, don’t hesitate to reach out.

Make the Most of Your Legal Malpractice Policy: Don’t Overlook Ancillary Coverages

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When it comes to legal malpractice insurance, you might have heard the saying, “There’s no such thing as a free lunch.” While it’s true that nothing in life is entirely free, your legal malpractice insurance policy may include valuable features known as ancillary coverages. These are not “free” in the traditional sense, but they are part of the package you’re already paying for — and they can provide significant benefits. Here’s why you should take full advantage of these offerings.

Continuing Education (CE) Classes: Boost Your Credits at No Extra Cost

One of the most useful ancillary coverages included in many legal malpractice policies is access to free Continuing Education (CE) or Continuing Legal Education (CLE) classes. These classes are typically available online, making them convenient and flexible for your schedule. Even better, in states like Pennsylvania, these classes often qualify for ethics credits.

Think about it: If you’re currently paying out-of-pocket for these courses, why not save that money? Whether it’s $10, $20, or even $50 per credit, those savings add up quickly. This is an excellent example of utilizing the resources already available to you within your policy to keep your hard-earned money where it belongs — in your pocket.

Disciplinary Coverage: Protection When You Need It Most

Another key feature of ancillary coverages is disciplinary coverage. No attorney wants to receive that dreaded letter notifying them of a disciplinary charge, but if it happens, it’s reassuring to know that your policy may help cover some of the costs associated with hiring legal representation. Having access to a lawyer who can help you navigate the disciplinary process and prepare a defense is invaluable. This support can make a challenging situation a bit less stressful.

Risk Management Resources: Tools to Help Prevent Claims

Risk management websites provided by your insurance carrier are another great resource you might be overlooking. These websites offer a wealth of information, including sample engagement and disengagement letters, updates on legal trends, and best practices for minimizing your risk of malpractice claims. By tapping into these resources, you can stay informed about the latest industry developments and enhance your practice management — ultimately helping to reduce your exposure to potential claims.

Don’t Miss Out: Review Your Policy Today

Your legal malpractice policy likely includes a highlight sheet listing the various ancillary coverages and resources available to you. Take a moment to review it. You might be surprised at the number of valuable tools and services you already have access to, all included in your policy.

In conclusion, while there may be no such thing as a free lunch, there are plenty of beneficial features baked into your legal malpractice policy. Make sure you’re taking full advantage of them to save time, reduce costs, and protect your practice.

Unveiling the Risks: How the ‘Of Counsel’ Title Can Impact Your Insurance Coverage

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Titles in business are considered very important: President, CEO, VP etc……law firms the same thing…Partner, senior partner, member, associates.  But did you know there is one title in a law firm that can cause confusion and sometimes affect insurance coverage?  The title OF COUNSEL. 

I’ve been told, ask 10 lawyers the definition of OF Counsel and you’ll get 10 different answers.  At some point, we can discuss and try to narrow down a more specific definition of what an OF Counsel is but today I want to point out how the term OF COUNSEL may affect your legal malpractice insurance coverage at retirement.

Most policies provide what is called a free retirement tail endorsement when an attorney from the firm retires.  Usually there are a few requirements that must be met in order to qualify for that free tail.  On some policies OF COUNSEL attorneys are not eligible for the free tail strictly because they are titled OF COUNSEL.  This usually is not an issue for a solo but for firms with 2 or more attorneys it can cause great concern.

I have seen instances where firms with 3 or 4 attorneys give the title OF COUNSEL to the founding member of the firm with no consideration of how this could affect the founding members coverage, his or her estates coverage or the retiring attorneys financial position during retirement.  Usually the change to OF COUNSEL is a result of the attorney working less hours and nothing more.  In this case it seems a shame for the attorney to lose coverage and in some cases not be able to get back because of working less time?  

So before changing anyone’s “title” to OF COUNSEL and printing new letterhead check your legal malpractice policy. Contact your broker/carrier and ask them for an interpretation of the coverage.  Make sure the change to OC won’t affect the retirement tail coverage. OR if it does you know and are ok with any change.  Who knows, maybe it won’t change but then again maybe it will.  Better safe than sorry.

Are You Taking Advantage of the Ancillary Benefits That Come With Your Malpractice Insurance Program?

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I’m always surprised at the number of people who don’t take full advantage of the ancillary benefits that come with malpractice insurance programs. I know that most of the carrier programs we market have several useful benefits outside of the policy that can help a firm.

Items like: online risk management classes, some of which are eligible for free CE and possible premium discounts, samples of engagement, disengagement, and non engagement letters, as well as suggestions on how to implement a conflict of interest system.

You can also find examples of how to implement a dual calendar system and comments on the latest programs available in the marketplace for calendaring, client intake, and billing. Not all outside the policy benefits have everything we mentioned, but they do have some combination.

Keeping Your Documents Secure and Accessible

As an agency, we’ve developed a client portal with 256-bit encryption for your security. Current clients can use this portal to gain access to the previous applications you’ve submitted to us as well as your past and current legal malpractice insurance policies.

I get calls, some urgent, from insureds asking if I can resend the policy as they cannot locate it in their office. Imagine how convenient it would be if you could just go to the client portal and see all the information you needed online!

So if you’re one of the insureds that are using the additional benefits available to you from your legal malpractice insurance program, good for you. It can and will make your law practice better and maybe even reduce the chances of being sued. If you’re not, I would encourage you to at least take a look at what is available; you might be surprised. Oh, and did I tell you it is usually free?

Facing Legal Malpractice Claims: Proactive Measures for Lawyers

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Our July Legal Malpractice Awareness Month would not be complete without some discussion about legal malpractice claims. I get asked a lot about claims and if there are really a lot of lawyers who get sued for legal malpractice. I always answer the same way: yes, there are a lot of claims filed against lawyers.

I recently had a discussion with a legal malpractice claims analyst, and he commented that the insured’s question or concerns today should not be “if I get sued, but rather “when I get sued and how many times.” I think that sums it up: lawyers being sued is not uncommon, and it does happen with frequency.

I believe that the reason most people don’t hear about lawyers being sued that often is that most lawyers don’t want to talk about it. It is not a pleasant experience to have your work questioned or accused of making a costly mistake. I understand that.

If you do find yourself in the position where someone is alleging that you made a mistake on their case or you find on your own that you made a mistake, don’t make it worse by ignoring it or hoping it goes away. It never does, and refusing to acknowledge it will only make it worse.

There is no scarlet letter, no stoning, and no public humiliation for reporting a claim. Chances are, several of your colleagues have gone through the same thing. Call your carrier, the hot line, or your broker. Get the issue reported immediately so you can get the right people involved early on. You will be glad that you did.